If Countrwide was really a lender it would never have entered into this transction as a loan. If Countrywide was an underwriter it would never have approved this as a loan. Common sense dictates that Countrywide was an aggregatgor of data that was massaged to meet the instructions and needs of an investment bank. The investment bank, at a glance,…[...]

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The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process is invoked has always been "limited judicial resources." That is shorthand for we don't have the time to hear stupid defenses since the claims are clearly valid. Practically every successful foreclosure defense attorney knows…[...]

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A report is not a record. It is a statement made about a record and it is by definition a statement made out of court by often unknown persons. That means it is at least hearsay and probably lacking in the foundation since the person who made entries from which the report was generated is unknown and cannot be questioned.…[...]

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How is a foreclosure rescue scam any worse than a foreclosure theft scam? Or the real question --- why is one scam punished and the other is rewarded with government help? * It is difficult to imagine a scenario in which an attorney could be working for a law firm that prosecutes "Foreclosure" cases, and be ignorant of the fact…[...]

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Allowing 5 million people to be evicted when moratoriums end, is not a solution. It's problem. Here is the solution for any landlord that owns rental property and any homeowner living in their homestead, where the property is subject to a recorded lien (mortgage or deed of trust). Require all current servicers AND "successors" of "lenders" to prove they paid…[...]

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What exactly does U.S. Bank, Deutsch Bank or Bank of New York Mellon "as trustee" do for "REMIC Trusts"? It might be as simple as nothing at all. Back in the early stages of the mortgage meltdown, judges were more open to challenging claims from servicers or MERS. Foreclosure lawyers were attempting to name claimants that by definition had no…[...]

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"Facial validity" consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents of false claims on behalf of the false claimant or butchered by either neglect or inexperience by homeowners and their lawyers. And sadly most judges overapply it even in the face of gross abnormalities and fatal…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays   You have often asked "how do I prove that?" And my answer is always the same. You don't prove anything because you don't need to prove anything. Stop thinking of yourself as making a claim against anyone.…[...]

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Disclaimer: This article is for educational purposes only and not legal advice. Always consult a licensed attorney in your jurisdiction before acting on any information here. The Illusion of Servicing Companies like Ocwen and others routinely appear in court claiming to be “servicers.” But let’s be clear: they don’t actually perform servicing in the traditional sense. A true servicer is…[...]

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By presuming that virtually all defenses to foreclosures, other than payment, are without merit and futile, and by administering discipline or injunctions to lawyers who prove otherwise, the state has created a gap that only the state or Federal government can fill. * They must assign and train, if necessary, competent trial counsel or represent homeowners who are faced with…[...]

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